Maintenance is not just paperwork.
It pays for food, school fees, electricity, transport, and medical care.
When maintenance stops, the consequences fall on the child first.
In this video, Simon Dippenaar, attorney at SD Law Cape Town Attorneys, explains what parents can do in South Africa when a maintenance order is ignored or when a parent refuses to pay child support.
This video provides a clear explanation of the legal enforcement tools available under the Maintenance Act.
In this video you will learn:
• What to do if child maintenance is not being paid
• How to enforce a maintenance order through the Maintenance Court
• When a warrant of execution can be used to attach property
• How an Emoluments Attachment Order (EAO) deducts maintenance directly from salary
• When bank accounts or third-party debts can be attached
• When failure to pay maintenance becomes a criminal offence
Legal tools available to enforce maintenance
South African law allows several enforcement mechanisms when maintenance payments are not made:
• Warrant of execution (attachment and sale of property)
• Emoluments attachment orders (EAO) for salary deductions
• Attachment of debt from bank accounts or money owed by third parties
• Criminal prosecution for wilful failure to comply with a maintenance order
Understanding how these remedies work can help parents protect their children when the other parent refuses to meet their legal obligations.
How to start a maintenance enforcement process
If maintenance is not being paid, the usual process involves:
• Opening a file at the Maintenance Court
• Providing proof of the maintenance order and arrears
• Submitting financial documents and supporting evidence
• Requesting enforcement remedies through the court
Each case depends on the specific circumstances of the parents and the child.
International Maintenance Matters
If the other parent lives abroad, enforcement can become more complex.
South African courts can sometimes cooperate with foreign jurisdictions through international maintenance frameworks.
Simon Dippenaar
The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.